For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Airport.
The Jacksboro Municipal Airport.
Airport elevation.
The established elevation of the highest point on the usable landing area measured in feet from mean sea level.
Airport hazard.
Any structure or tree or use of land which obstructs the air space required for the flights of aircraft or which obstructs or interferes with the control or tracking or data acquisition in the landing, taking off or flight at an airport, or at any installation or facility relating to flight, and tracking or data acquisition of the flight craft; hazardous, interfering with or obstructing such landing, taking off or flight of aircraft or which is hazardous to or interferes with tracking or data acquisition pertaining to flight and flight vehicles.
Airport hazard area.
Any area of land or water upon which an airport hazard might be established if not prevented as provided in this article.
Airport reference point.
The point established as the approximate geographic center of the airport landing area and so designated.
Approach surface.
A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in section 9.04.003. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
Approach, transitional, horizontal, and conical zones.
These zones are set forth in section 9.04.002.
Board of adjustment.
A board consisting of five members appointed by the city council as provided by Texas Local Gov't Code sections 241.032 and 241.033.
Conical surface.
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
Hazard to air navigation.
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
Height.
For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
Horizontal surface.
A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
Joint airport zoning board.
See section 9.04.042.
Landing area.
The surface area of the airport used for the landing, take-off or taxiing of aircraft.
Nonconforming use.
Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this article or an amendment thereto.
Obstruction.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 9.04.003.
Person.
An individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.
Primary surface.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in 14 CFR part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface is 250 feet for utility runways having only visual approaches.
Runway.
A defined area on an airport prepared for landing and take-off of aircraft along its length.
Structure.
An object, including a mobile object, constructed or installed by humans, including but not limited to buildings, towers, cranes, smokestacks, earth formations, and overhead transmission lines.
Transitional surfaces.
These surfaces extend outward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
Tree.
Any object of natural growth.
Visual runway.
A runway intended solely for the operation of aircraft using visual approach procedures.
Utility runway.
A runway that is constructed for and intended to be used by propeller driven aircraft 12,500 pounds maximum gross weight and less.
(1984 Code, sec. 1-92; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.15; Ordinance adopting 2023 Code)
(a) 
In order to carry out the provisions of this article, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transition surfaces, horizontal surface and conical surface as they apply to Jacksboro Municipal Airport.
(b) 
Such zones are shown on the zoning map consisting of one sheet, prepared by the Texas Aeronautics Commission, Austin, Texas, and dated May 7, 1979, which is on file with the city clerk and incorporated herein as if set out in full.
(c) 
An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:
(1) 
Approach zones -Runway 17/35.
An approach zone is established beneath the approach surface at the end of runway 17/35 on Jacksboro Municipal Airport for visual landings and take-offs. The inner edge of the approach zone shall have a width of 250 feet which coincides with the width of the primary surface at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet beyond each end of the primary surface, its centerline being the continuation of the centerline of the runway.
(2) 
Transition zones.
Transition zones are hereby established beneath the transition surface adjacent to each runway and approach surface as indicated on the zoning map. Transition surfaces, symmetrically located on either side of runways, have variable widths as shown on the zoning map. Transitional surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one from the sides of the primary surface and from the sides of approach surfaces.
(3) 
Horizontal zone.
The area beneath a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of Runway 17/35 and connecting the adjacent arcs by lines tangent to those arcs.
(4) 
Conical zone.
The area beneath the conical surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
(1984 Code, sec. 1-93; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.16)
(a) 
Generally.
Except as otherwise provided in this article, no structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height limit herein established for such zone.
(b) 
Limitations.
Such applicable height limitations are hereby established for each of the zones in question as follows:
(1) 
Approach zones -Runway 17/35.
One foot in height for each 20 feet in horizontal distance beginning at the end of and at the elevation of the primary surface and extending to a point 5,000 feet from the end of the primary surface.
(2) 
Transition zones.
Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 1,062.57 feet above mean sea level.
(3) 
Horizontal zone.
Established at 150 feet above the airport elevation, or a height of 1,212.57 feet above mean sea level.
(4) 
Conical zone.
Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
(c) 
Exceptions.
Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to 35 feet above the surface of the land.
(1984 Code, sec. 1-94; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.17)
Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, taking off, or maneuvering of aircraft intending to use the airport.
(1984 Code, sec. 1-95; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.18)
(a) 
Regulations not retroactive.
The regulations prescribed by this article shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this article, or otherwise interfere with the continuance of any nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this article, and is diligently prosecuted.
(b) 
Marking and lighting.
Notwithstanding subsection (a) of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the city manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the city.
(1984 Code, sec. 1-96; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.19)
(a) 
Future uses.
Except as specifically provided in subsections (a)(1), (2), and (3), no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with subsection (d) of this section.
(1) 
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(2) 
In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
(3) 
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.
(4) 
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this article except as set forth in section 9.04.003(c).
(b) 
Existing uses.
No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure, or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of this article or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(c) 
Nonconforming uses abandoned or destroyed.
Whenever the city manager determines that a nonconforming structure or tree has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(d) 
Variances.
Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his or her property in violation of the regulations prescribed in this article, may apply to the board of adjustment for a variance from such regulations in question. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in unnecessary hardship and the relief granted would not be contrary to the public interest, but do substantial justice, and be in accordance with the spirit of this article. Additionally, no application for variance to the requirements of this article may be considered by the board of adjustment unless a copy of the application has been furnished to the joint airport zoning board for advice as to the aeronautical effects of the variance. If the joint airport zoning board does not respond to the application within 15 days after receipt, the board of adjustment may act on its own to grant or deny such application.
(e) 
Obstruction marking and lighting.
Any permit or variance granted may, if such action is deemed advisable by the city manager or the board of adjustment to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to allow the city to install, operate and maintain, at the expense of the city, such markings and lights as may be necessary.
(1984 Code, sec. 1-97; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.20)
(a) 
It shall be the duty of the city manager to administer and enforce the regulations prescribed herein. Applications for permits shall be made to the city manager upon a form published for that purpose. Applications required by this article to be submitted to the city manager shall be promptly considered and granted or denied. Applications for variances shall be made to the board of adjustment by first filing such applications for variance with the city manager who shall forthwith transmit the application to the board of adjustment for determination.
(b) 
The city manager may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this article or of any order or ruling made in connection with its administration or enforcement including, but not limited to, an action for injunctive relief as provided by Texas Local Gov't Code section 241.044, as amended.
(1984 Code, secs. 1-98, 1-102; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.21)
(a) 
There is hereby created a board of adjustment to have and exercise the following powers:
(1) 
To hear and decide appeals from any order, requirement, decision, or determination made by the city manager in the enforcement of this article.
(2) 
To hear and decide special exceptions to the terms of this article upon which such board of adjustment under such regulations may be required to pass.
(3) 
To hear and decide specific variances.
(b) 
The board of adjustment shall consist of five members appointed by the city council, and each shall serve for a term of two years and be removable for cause by the appointment authority upon written charges, after a public hearing.
(c) 
The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this article. Meetings of the board of adjustment shall be held at the call of the chairperson and at such times as the board of adjustment may determine. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the city clerk and shall be a public record.
(d) 
The board of adjustment shall make written findings of fact and conclusions of law stating the facts upon which it relied when making its legal conclusions in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this article.
(e) 
The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the city manager or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect any variation in this article.
(1984 Code, sec. 1-99; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.22)
(a) 
Any person aggrieved or any taxpayer affected by any decision of the city manager made in the administration of this article, if of the opinion that a decision of the city manager is an improper application of these regulations, may appeal to the board of adjustment.
(b) 
All appeals hereunder must be taken within a reasonable time as provided by the rules of the board of adjustment, by filing with the city manager a notice of appeal specifying the grounds thereof. The city manager shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(c) 
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the city manager certifies to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate, a stay would, in the opinion of the city manager, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment on notice to the city manager and on due cause shown.
(d) 
The board of adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(e) 
The board of adjustment may in conformity with the provisions of this article reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances.
(1984 Code, sec. 1-100; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.23)
Any person aggrieved or any taxpayer affected by any decision of the board of adjustment may appeal to a court of competent jurisdiction, as provided by Texas Local Gov't Code section 241.041 et seq., as amended.
(1984 Code, sec. 1-101; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.24)
Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.
(1984 Code, sec. 1-103; Ordinance adopted 4/19/1982; 1997 Code, sec. 150.25)
Subject to like provisions being made by the commissioners court of Jack County, Texas, by proper order, duly promulgated and entered on its minutes, and as authorized by the provisions of state law, there is hereby created a joint airport zoning board, to be known as the Jacksboro-Jack County joint airport zoning board, which shall have the powers and exercise the duties set forth in Texas Local Gov't Code sections 241.011 and 241.012.
(1984 Code, sec. 1-81; Ordinance adopted 9/8/1981; 1997 Code, sec. 150.01)
The Jacksboro-Jack County joint airport zoning board shall be composed of five members, two to be appointed by the city council and two members to be appointed by the commissioners court of Jack County, Texas. The fifth member shall be elected by a majority of the members so appointed and the fifth member shall serve as chairperson of the Jacksboro-Jack County joint airport zoning board.
(1984 Code, sec. 1-82; Ordinance adopted 9/8/1981; 1997 Code, sec. 150.02)